The D.C. Circuit vacated EPA's authorization of the pesticide aldicarb for use on oranges and grapefruit in Florida. EPA had moved to remand without vacatur. The court found the Agency itself acknowledged it did not make an effects determination as required by §7(a)(2) of the ESA, and that it admit...

In an unpublished opinion, the D.C. Circuit affirmed dismissal of a challenge to FWS' failure to provide notice and comment on its guidelines for creating species status assessments. An environmental group had argued that FWS violated the ESA by failing to put the guidelines through notice and comme...